RECRUITMENT OF FALSE AND FICITITOUS GORKHAS IN INDIAN ARMY (36 S.S.C. TECH, AUG. 2010)

RECRUITMENT OF FALSE AND FICITITOUS GORKHAS IN INDIAN ARMY (36 S.S.C.
TECH, AUG. 2010
- DIPAK DE [HUMAN RIGHTS ACTIVIST; M.PHIL IN HUMAN RIGHTS]

INDIAN ARMY
An advertisement appeared in The Telegraph Saturday dated 3 July, 2010
in page 14 as –
Thirty Six Short Service Commission (Technical)
Men and Women Short Service Commission (Technical) Women Course
(Apr-2011) Officers Training Academy, Chennai
(including widows of defence personnel for tech and non-tech entry)
Last Date for Receipt of Application: 20 AUG 2010
In serial no.1. Application are invited from Married/unmarried male
and unmarried female, issueless widow, issueless divorcee and widows
of Defence Personnel’s (with/without children) for grant of Short
Service Commission to the Indian Army.
In serial no.3. CONDITIONS OF ELEGIBILITY
(a) Nationality: A candidate must either be (i) a citizen of India or
(ii) a subject of Nepal or (iii) a subject of Bhutan or (iv) Tibetan
origin but of Indian domicile, whose parents entered India as refugees
prior to 1st January 1962 with intention to Permanently settling in
India, (v) a person of Indian origin who migrated from Pakistan,
Myanmar, Sri Lanka and East African Countries like Kenya, Uganda,
United Republic of Tanzania, Zambi, Malawai, Zaire, Ethopia and
Vietnam with the intention of permanently settling in India.
(b) Physical Standards:
(i) Height & Weight: The minimum acceptable height and weight for men
is 157.5 cms with correlated weight and for women candidate is 152 cms
and 42 kg. In case of candidates belonging to the North East and hilly
areas like Gorkhas, Nepalese, Assamese and Garhwalis, the height will
be relaxed by 5 cms and weight commensurate with reduce height. In
case of candidates from Lakshadweep, the minimum acceptable height can
be reduced by 2 cms.

Indian Army mentioned “candidates belonging to the North East and
hilly areas like Gorkhas, Nepalese, Assamese and Garhwalis” and it is
to be read with a citizen of India or a subject of Nepal.

A LUNATIC CAN BELIEVE THAT GORKHAS AND NEPALESE ARE CO-EXISTING in
Nepal OR in India as there is no existence or there was no existence
of Gorkha ethnic group, Gorkha race, Gorkha caste, Gorkha community or
separate identity as Gorkhas like Nepalese, Assamese, Tamils etc in
India, in Nepal and in the world. In India, other name of Ethnic group
is Tribal people.

A section of Nepalese are claiming that they are not Nepalese, they
are Gorkhas, they belong to Gorkha ethnic group, they belong to Gorkha
race and they have separate identity as Gorkhas like Nepalese,
Assamese etc. According to human rights philosophy, jurisprudence -
these Nepalese have no identity at present, they are false and
fictitious Gorkhas and they are IDENTITY LESS persons in India; these
identity less persons i.e. false and fictitious Gorkhas are agitating
for the creation of separate state ‘GORKHALAND’ by dividing the state
of West Bengal in India; presence of identity less persons in a
country is not safe for the citizens of that country and also unsafe
for the unity, integrity and sovereignty of that nation.

It is the centre point i.e. dated 22nd August, 1988 and 23rd August
1988, AND thereafter a section of Nepalese are claiming that they are
not Nepalese, they are Gorkhas; thus the false and fictitious Gorkhas
were born AND these false, fictitious Gorkhas have NO IDENTITY at
present according to human rights philosophy and jurisprudence as no
Gazette Notification, no Administrative order, no Agreement, no
Resolution in Parliament can create ethnic group or race or community;
through natural process ethnic group or race or community is created.
Ethnic group or race or community should be real, should be natural
AND should not be unreal and unnatural. Presence of IDENTITY LESS
persons in a country is not safe for the citizens of that country and
also unsafe for the unity, integrity and sovereignty of that nation.

On 22nd August, 1988 a tripartite agreement between Government of
India, Government of West Bengal and Gorkha National Liberation Front
(GNLF) was signed on DARJEELING GORKHA HILL COUNCIL (DGHC). In this
Council the word “GORKHA” was inserted by political maneuver. How the
word “GORKHA” was included in a clandestine way in the DARJEELING
GORKHA HILL COUNCIL (DGHC), please read –

Shri Inderjit was the Member of Parliament from Darjeeling
Parliamentary Constituency and the representative of Gorkha National
Liberation Front (GNLF) under leadership of Shri Subash Ghisingh.
During the debate on the Constitution (Amendment) Bill of Amendment of
Eighth Schedule for the inclusion of Nepali language in 1992, Shri
Inderjit said in Parliament –
[………………The West Bengal Government objected to including the word
“Gorkha” in the name of Hill Council. Eventually, Shri Buta Singh, the
then Home Minister, and I as one privileged to play the role of a
mediator in the thorny and highly emotive dispute, were able to
persuade both the then Prime Minister, Shri Rajiv Gandhi, and the West
Bengal Chief Minister Mr. Jyoti Basu, to accede to the GNLF demand and
the give the proposed Council the name of Darjeeling Gorkha Hill
Council.]

Gazette Notification No. 26011/6/88-ICI, Government of India, Ministry
of Home Affairs, New Delhi dated the 23rd August 1988 was published in
the Gazette of India Extraordinary Part-I, Section 1, signed by Indra
Misra, Joint Secretary to the Government of India. By mentioning
‘GORKHA’ in this Gazette Notification, it violated the CONSTITUTION OF
INDIA.

No Gazette Notification, no Administrative order, no Agreement, no
Resolution in Parliament can create ethnic group or race or community.
Through natural process ethnic group or race is created. Ethnic group
or race or community should be real, should be natural AND should not
be unreal and unnatural. In India, other name of Ethnic group is
tribal people. Human rights philosophy and jurisprudence support the
real, natural ethnic group, race, community and oppose the unreal,
unnatural ethnic group, race, community and inform the citizens on
this matter.

RECRUITMENT OF FALSE AND FICTITIOUS ‘GORKHAS’ IN ARMY, IN PARA-
MILILARY FORCE, IN ARMED FORCE, IN RAILWAY PROTECTION FORCE, IN
POLICE, IN JUSTICE SYSTEM AND IN ADMINISTRATION IS ANTI-NATIONAL,
ACCORDING TO HUMAN RIGHTS PHILOSOPHY AND JURISPRUDENCE AS FALSE AND
FICTITIOUS GORKHAS ARE IDENTITY LESS PERSONS IN THE WORLD. THIS VIEW
IS APPLICABLE IN ALL COUNTRIES OF THE WORLD.

After the Darjeeling Gorkha Hill Council agreement on 22nd August,
1988 and the Gazette Notification dated 23rd August, 1988 a section of
Nepalese are claiming that they are not Nepalese, they are Gorkhas and
these false and fictitious Gorkhas are clamouring for the creation of
Gorkhaland state by dividing the state of West Bengal. Nepalese from
Nepal are entering in Darjeeling district, Jalpaiguri district etc
continuously, wave after wave till date, and it is the allegation that
most of these foreigner Nepalese are claiming that they are ‘Gorkhas’,
they are not Nepalese. These foreigner Nepalese (i.e. false and
fictitious Gorkhas) and a section of Indian Nepalese who are claiming
that they are Gorkhas (i.e. false and fictitious Gorkhas), jointly,
are agitating for the creation of GORKHALAND state and are trying to
extend their controlled area with a master plan, particularly they are
pressing to control the DOOARS, TERAI region including the GEO-
POLITICALLY VITAL Chicken’s Neck and might be the ultimate aim is to
vivisect India i.e. disconnect the Darjeeling district, Jalpaiguri
district, Cooach Behar district of West Bengal state and the state of
Sikkim and North-east India from mainland of India.

Human Rights today have become increasingly all-encompassing. Today as
never before, and especially in the developing countries of the world,
there is a crying need for respect of all human rights, whether civil,
political, social, economic or cultural, so as to ensure to all people
of the world the enjoyment of a decent life in safety, justice and
dignity. When human rights deprivations take place, we are all
involved; our security and our dignity are being threatened, whether
we try to ignore the aberrations that are being committed, or attempt
to put an end to them.

Human rights are not entirely a domestic affair of individual
countries. They also have an international dimension which has
strengthened the approach in countries whose governments pay lip
service to human rights matters. Most states are signatory to the
numerous international human rights conventions, covenants whose
provisions have become established principles of international law.
The United Nations and other international organizations have also
made human rights an integral part of their peace-making and conflict
resolution initiatives in countries bedeviled by internal wars and
other serious conflicts as well as in prompting the interests of
indigenous, minority and other vulnerable groups all over the world.

MERCENARIES
Mercenaries constitutes a criminal act and the United Nations called
upon all states to take the measures necessary to prevent the
recruitment, financing and training of mercenaries in their
territories and to prohibit their nationals from serving as
mercenaries.
Government of Nepal is sending its nationals to United Kingdom and
India to serve as mercenaries in Army. At present, Government of
Bhutan is also sending its nationals to India to serve as mercenaries
in Army.

THE CONSTITUTION OF INDIA
WE, the people of India, having solemnly resolved to constitute India
into a SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATICE REPUBLIC and so to
secure to all its citizens…….
……..IN OUR CONSTITUTE ASSEMBLY, this twenty-sixth day of November,
1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSEVES THIS CONSTITUTION.
NOTE: Citizens of India shall be administered by them and not by
foreign Nationals in any way. So recruitment of Napali Nationals in
paramilitary force, Armed Force or police force or in administration
of India is an act of mercenarism according to human rights philosophy
and jurisprudence.

According to human rights philosophy, jurisprudence – Nationality is
the criteria to determine the mercenary. A national of a certain
country recruited in a foreign country’s army or in combatant force or
in armed force or in police force, is a mercenary. A citizen of Nepal
in a foreign country’s army or in a combatant force/paramilitary force
or in armed force or in police force, is a mercenary such as recruited
in GURKHA Regiment of British Indian Army and also United Kingdom’s
army and recruited in GORKHA Regiment of Indian army and other
regiments of Indian army or para-military force or armed force or
police force.

Mercenarism is a threat to international peace and security and like
murder, piracy and genocide, is a universal crime against humanity.
According to human rights philosophy, jurisprudence – the mercenaries
would be treated as criminals and the mercenaries would not get the
prisoners-of-war status.
Citizens of that country wherein Mercenaries have been engaged or
recruited in its para-military force or armed force or police forces,
should resist the Mercenaries.

Protocol Additional to the Geneva Conventions of 12 August 1949, and
relating to the Protection of Victims of International Armed Conflicts
(Protocol I) adopted on 8 June 1977 and entered into force on 7
December 1979 –
Article 47 reads: Mercenaries
1. A mercenary shall not have the right to be a combatant or a
prisoner-of-war.
2. A mercenary is any person who:
(a) Is specially recruited locally or abroad in order to fight in an
armed conflict;
(b) Does in fact, take a direct part in the hostilities;
(c) Is motivated to take part in the hostilities essentially by the
desire for private gain and, in fact, is promised, by or on behalf of
a Party to the conflict, material compensation substantially in excess
of that promised or paid to combatants of similar ranks and functions
in the armed forces of that Party;
(d) Is neither a national of a party to the conflict nor a resident of
territory controlled by a Party to the conflict;
(e) Is not a member of the armed forces of a Party to the conflict;
and
(f) Has not been sent by a State which is not a Party to the Conflict
on official duty as a member of its armed forces.
POINT: This article should be read all the points together i.e. from 1
to 2(f) and not in isolation of a point such as point 2(e) or point 2
(c). Nepal is a neutral country or State not Party to the conflict
but Nationals of Nepal involved in the conflict involved in the
conflict as GURKHA SOLDIER of Gurkha Regiments of United Kingdom or as
GORKHA SOLDIER of Gorkha Regiments of India without having passport of
United Kingdom or India. Nepal has not sent his Nationals on official
duty as a member of its armed force as a Party of the conflict.

GENEVA Convention Relative to the Treatment of Prisoner-of-war:
Adopted on 12 August 1949 by the diplomatic Conference for the
Establishment of International Conventions for the protection of
victims of war, held in Geneva from 21st April to 12 August 1949 –
Article 22 reads: “…………The Detaining power shall assemble prisoners-of-
war in camps or camp compounds according to their nationality,
language and customs, provided that such prisoners shall not be
separated from prisoners-of-war belonging to the armed forces with
which they were serving at the time of their capture, except with
their consent.”
POINT: Nationality of a GURKHA SOLDIER of Gurkha Regiment and
Nationality of a GORKHA SOLDIER of Gorkha Regiment, is Napal but Nepal
is not the Party of the conflict.
DEATH OF PRISONERS-OF-WAR: Article 120 reads: “WILLS of prisoners-of-
war shall drawn up so as to satisfy the conditions of validity
required by the legislation of their country of origin, which will
take steps to inform the Detaining Power of its requirements in this
respect….”
POINT: “validity required by the legislation of their country” means
Nepal.

Organization of African Unity (O.A.U.) – Convention for the
Elimination of Mercenaries in Africa, 1972 –
WE Heads of State and Government of Member States of the Organization
of African Unity ……Considering the grave threat which the activities
of mercenaries represent to the independence, sovereignty, territorial
integrity and harmonious development of Member States of
O.A.U……..Decided to take all necessary measures to eradicate from the
African continent the scourge that the mercenary system represents.
Article 1 reads: Under the present Convention a ‘MERCENARY’ is
classified as anyone who, not a national of the state against which
his actions are directed, is employed, enrolls or links himself
willingly to a person, group or organization whose aim is:
(a) To overthrow by force of arms or by any other means the government
of that Member state of the Organization of African Unity;
(b) To undermine the independence, territorial integrity or normal
working of the institutions of the said State;
(c) To block by any means the activities of any liberation movement
recognized by the Organization of African Unity.
Article 2 reads: Offence
1. The actions of a mercenary, in the meaning of Article one of the
present Convention, constitute offences considered as crimes against
the peace and security of Africa and punishable as such.

INTERNATIONAL CONVENTION AGAINST THE ACTIVITIES OF MERCENARIES, U.N.
Doc. A/35/366/Add.1 at 10-16 (1980) –
Article 2 reads: Definition of mercenarism
1. The crime of mercenarism is committed when an individual, group or
association, or body corporate registered in that State or
representative of a State or the State itself with the aim of opposing
by threat or armed violence the territorial integrity of another State
or the legitimate aspirations of national liberation movements,
jeopardizes the process of self determination or manifests by overt
acts any of the following:
(a) Organizes, finances, supplies, equips, trains, promotes, supports,
or employs in any way individuals, bands or military forces consisting
of or including persons who are not nationals of a Party to the
conflict and who act for personal gains through payment of salary or
any other kind of material recompense;
(b) Participates as an individual, group or association or body
corporate or enlists in any force;
Article 5 reads: Status of mercenaries
Mercenaries are not lawful combatants and if captured shall not be
accorded prisoner-of-war status.

A VIEW:
The Gurkhas of the British army even today love to identify themselves
with the Victoria Cross. This bronze medal, thought of little face-
value, yet, what it means in the world of honor is beyond description.
It is something to feel and not to tell. But on the other hand the
history of the Victoria Crosses has left many soul-searching question
behind. They relate to the questions of recruitment, national honour
and intergrity. Nepal is the only country left in the last quarter of
the twentieth century that is not only providing mercenaries for
foreign armies but also providing them centers of recruitment in her
own soil. The age old tradition of sending mercenaries abroad, though
could be defended economically as it has been done by every government
of Nepal since the first quarter of the nineteenth century; but it has
also led to a dramatic erosion of the loss of honor and self-respect
among the Nepali patriots, politicians and social workers. Whenever
there is a physical conflict in the world whether in India, Sri Lanka
or the Falkland, a cold wave of anguish and fear rushes into the
hearts of the Nepalese as the house-wives begin to count the number of
Gurkha casualties. Today no Nepali would deny the fact that the whole
process of Gurkha recruitment has brought the question of national
honour at a stake. The Nepali intelligentsia as well as the Government
of Nepal, are both aware of this fact. But nothing is being done to
reverse this trend.

General Assembly of United Nations adopted the “Declaration on the
Rights of Persons Belonging to National or Ethnic, Religious and
Linguistic Minorities” in its resolution 47/135 of 18 December 1992 in
pursuance of Article 27 of International Covenant on Civil and
Political Rights (ICCPR). Government of India ratified the
International Covenant on Civil and Political Rights (ICCPR) and
International Covenant on Economic, Social and Cultural Rights
(ICESCR).

Article 27 of ICCPR reads: ‘In those States in which ethnic, religious
or linguistic minorities exists, persons belonging to such minorities
shall not be denied the right, in community with the other members of
their groups, to enjoy their own culture, to profess and practice
their own religion, or to use their own language.’
Human rights philosophy and jurisprudence want real, natural ethnic
group, race and community and oppose the unreal, unnatural ethnic
group, race, community and inform the citizens of that country and
International community on this matter.

FOR RECOGNITION AND
APPROVAL
Government of India, Government of West Bengal, Indian Coast Guard,
Border Security Force, Indian Army, Ministry of Railway, Territorial
Army, Jammu Frontier Border Security Force, Assam Rifles, Gorkha
Janmukti Morcha, Gokha National Liberation Front, All India Gorkha
League, former-Governor of West Bengal Gopal Krishna Gandhi etc may
submit documents, papers if any, (including customs, culture,
language, anthropological report, ethnological report etc) in support
of Gorkha ethnic group, Gorkha race, Gorkha community, Gorkha caste,
separate identity as Gorkhas like Nepalese, Assamese, Tamils etc to
the Appropriate International Forum for recognition and approval.
Human rights philosophy and jurisprudence support the unity, integrity
and sovereignty of a nation.

Nepal is a multi-ethnic, multi-lingual country.
There are about 103 ethnic groups and castes in Nepal according to
census 2001 of Nepal. There are no Gorkha ethnic group, Gorkha race,
Gorkha caste, Gorkha community, separate identity as Gorkhas like
Nepalese in Nepal. Naturally in India, the existence of Gorkha ethnic
group, Gorkha race, Gorkha caste, Gorkha community, separate identity
as Gorkhas like Nepalese does not arise at all. In India other name of
Ethnic group is Tribal people.
Sunuwars, Jirels, Chepangs, Kusundas, Panchagaule, Tharus, Thakalis,
Gurungs, Magars, Tamangs, Newars, Rai, Limbu, Sherpa, Sonar, Lohar,
Tatma, Lodha, Thami, Darai etc are some of the ethnic groups in
Nepal.

At first the name of this old organization was ALL INDIA GURKHA LEAGUE
as the founder and President Damber Singh Gurung always used the
GURKHA and referred his organization’s name All India Gurkha League.
When the name changed to ALL INDIA GORKHA LEAGUE it is to be
ascertained.
“Damber Singh Gurung, B.L. (L.L.B.), M.L.A. (Bengal) raised the voice
on behalf of the Gorkhas living in India. Resolving in view of the
fact that the condition of the Gorkhas spread throughout India was
very deplorable and the political status of the Gorkhas was uncertain
and the future of the Gorkahs was at stake, a political party of the
Gorkha [Nepali, Bhutia and Lepcha], THE ALL INDIA GORKHA LEAGUE was
born on 15th May, 1943” – from website of All India Gorkha League.
According to All India Gorkha League - the GORKHA means the
combination of Nepali, Bhutia and Lepcha. But it is the history that
Lepachas, Bhutias had never claimed that they are Gorkhas. They belong
to their distinct customs, culture, belief, dress, religion, language
etc.

CENTRAL GOVERNMENT (from the white paper ‘GORKHALAND AGITATION, THE
ISSUES, An Information Document’, published by Government of West
Bengal, 1986)
[Specific questions were asked in Lok Sabha on 13th August, 1986,
requesting for unequivocal statement on – (a) whether the Indo-Nepal
Treaty in any way affects the citizenship rights of the Nepali-
speaking Indians, and (b) whether the central government considers
this agitation on Gorkhaland as ‘anti-national’ and ‘secessionist’ in
character and scope. The reply given by P. Chidambaram, Minister of
State, Ministry of Home Affairs to the first question was categorical
that the Treaty does not adversely affect the Indian citizens who
speak Nepali:
“We have made it very clear that the Nepali-speaking Indian citizens
are as much as the other Indian citizens are. The people of Nepali
origin, who have got citizenship rights are citizens of India and they
are entitled for all the rights and privileges of Indian citizens. As
Prime Minister has just said, this Treaty in no way affects Indian
citizens of Nepali origin. Article 6 and 7 of the Treaty provide
reciprocal rights to Indians in Nepal and Nepalis in India. Nepalis
who have come to India and who have remained here for a long number of
years, but are not yet citizens would be greatly affected if the
treaty is abrogated.” ]

Reader of this Article please read the original documents/papers at
your end.
Date: 04/07/2010. Dipak De
[Human Rights Activist; M.Phil in Human Rights; Member of
Amnesty International; United Nations on line volunteer on Human
Rights, in touch with: Asian Human Rights Commission, Hongkong]




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